Dr Linda Derrick v Information Commissioner
[2023] UKFTT 428 (GRC)
Steven Thomas v Information Commissioner
2 January 2024
[2023] UKFTT 1075 (GRC)
First-tier Tribunal
Someone appealed a decision that some secret council documents were protected by lawyer-client confidentiality. The judge said the person appealing didn't give good enough reasons why the public should see those secret documents, so the appeal was dismissed.
Key Facts
- •Appeal against an Information Commissioner's decision notice (DN) under the Freedom of Information Act 2000 (FOIA).
- •The DN upheld Cheltenham Borough Council's withholding of information under section 42 (legal professional privilege).
- •Withheld information included a report to the council's cabinet, an expert witness report, and legal advice.
- •The appellant argued the public interest favored disclosure and that the Commissioner hadn't independently reviewed the information.
- •The appellant raised concerns about public exclusion from council meetings and invoked the Bill of Rights 1688.
Legal Principles
Tribunal can strike out proceedings if there's no reasonable prospect of success (Rule 8(3)(c)).
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009
FOIA appeal allowed if the notice is unlawful or the Commissioner's discretion should have been exercised differently (section 58).
Freedom of Information Act 2000
Legal professional privilege has inherent public interest; the public authority doesn't need to show additional prejudice.
DBERR v O’Brien and IC [2009] EWHC 164 (QB), Callender Smith v Information Commissioner & Crown Prosecution Service [2022] UKUT 60 (AAC)
Weight of public interest in legal privilege can vary depending on factors like age of information and ongoing litigation.
DCLG v Information Commissioner & WR [2012] UKUT 103 (AAC)
Outcomes
Appeal struck out under Rule 8(3)(c).
Appellant lacked a reasonable prospect of success; failed to show public interest in disclosure outweighed the inherent public interest in maintaining legal professional privilege.